This is a draft prepared for the international market. It should be reviewed by qualified legal counsel before publication.
1. Acceptance of these Terms
By downloading, installing or using the Mundo Encantado da Giramille app ("App"), the responsible adult accepts these Terms of Use. The App is provided by GIRAMILLE DANDICO PRODUCTIONS LIMITED, a company registered in England and Wales under company number 14163636, with its registered office at 66 Paul Street, London, United Kingdom, EC2A 4NA ("Giramille", "we", "us" or "our").
If you do not agree with these Terms, you should uninstall the App and stop using it.
2. About the App
The App is a children's entertainment product made up of games and playful activities, with a freemium model:
- Free version: access to a set of features, with advertising appropriate for a children's audience.
- Premium version: access to additional features and removal of ads, through a paid subscription or the purchase of the lifetime plan.
3. Who can use and purchase
The App may be used by children under the supervision of a parent or legal guardian. Purchasing subscriptions, using any paid feature and accepting these Terms are reserved for persons with full legal capacity, that is, aged 18 or over.
By making a purchase in the App, the responsible adult confirms that they have such capacity and are authorising the purchase on their own behalf.
4. Plans and activation
The premium version of the App is available in three options:
- Monthly plan: a subscription billed every 30 days.
- Yearly plan: a subscription billed every 365 days.
- Lifetime plan: a one-time payment granting access to the premium version for the useful life of the App, with no renewals or additional charges. The lifetime plan is not a subscription.
Activation can happen in two ways:
- In-app purchase: made through the Apple App Store or Google Play, subject to the terms of those stores.
- Access token: purchased on a Giramille website and entered into a dedicated field in the App.
Automatic renewal, cancellation and refunds of subscriptions purchased through the Apple App Store or Google Play are managed directly by those stores, under their policies. A lifetime plan bought through an in-app purchase also follows the refund policies of the relevant store. For plans purchased with a token on our website, see the applicable Website Terms of Use.
5. Augmented Reality (AR)
The App offers an Augmented Reality feature that requires access to the device's camera, microphone and gallery. These permissions must be granted by the responsible adult through the operating system's native dialogs.
Data captured through these permissions is processed solely on the device and is not sent to our servers. The user can choose to save the generated video to the camera roll or discard it. Further detail is set out in the App Privacy Policy.
6. Advertising
The free version shows ads provided by Google AdMob, configured in child-directed mode. Beyond the limitations already imposed by this mode, we are not responsible for the content of the ads.
7. Intellectual property
The Giramille brand, characters, games, illustrations, audio, source code and other elements of the App are protected by United Kingdom and international intellectual property laws. Reproduction, distribution, reverse engineering, modification or commercial use without our express authorisation is prohibited.
Videos generated by the Augmented Reality feature may be shared by the responsible adult for personal, non-commercial use, keeping the Giramille brand in the content.
8. User conduct
The responsible adult agrees not to use the App in order to:
- Circumvent protection mechanisms, including attempting to obtain premium access without due payment.
- Share access tokens beyond the contracted device limit.
- Carry out acts contrary to law or that infringe the rights of third parties.
9. Limitation of liability and useful life of the App
The App is provided "as is". We work to keep the App stable and secure, but we do not guarantee uninterrupted availability or the complete absence of errors.
The lifetime plan grants access to the premium version for the useful life of the App. The permanent discontinuation of the App, for technical, commercial or regulatory reasons outside the user's control, does not by itself create an obligation to provide a proportional refund, except where the discontinuation occurs significantly sooner than could reasonably be expected. In such cases, any refunds will be assessed case by case, in good faith and reasonably.
To the maximum extent permitted by applicable law, we are not liable for indirect or consequential losses, loss of profits or other damages arising from use of the App. Nothing in these Terms excludes or limits our liability where it would be unlawful to do so, including liability for death or personal injury caused by negligence, or for fraud. Your mandatory consumer rights under the law of your country of residence are not affected.
10. Suspension and termination
We reserve the right to suspend premium access in cases of fraud, misuse or breach of these Terms, without prejudice to other legal remedies. This also applies to the lifetime plan, with prior notice to the user wherever possible.
11. Updates to the App and these Terms
The App may receive updates that add, change or remove features. These Terms may be updated, with the new version taking effect on the date shown at the top of the document. Continued use of the App after a change means you accept the new version.
12. Governing law and jurisdiction
These Terms are governed by the laws of England and Wales. Subject to any mandatory consumer protection rules of your country of residence, the courts of England and Wales shall have jurisdiction over any dispute arising from these Terms.
13. Contact
Questions about these Terms can be sent to legal@giramilleapp.com.